• Divorce for cheating

I recently learned from a wife of my wife's ex-colleague that my wife and her husband were in relationship before our marriage and kept discreet relationship even after our marraige for 3 years. 1. I was married in 2013. My Wife's ex-colleague wife showed me a proof that my wife and her husband also got married before our marraige. There is a Arya Samaj Mandir Marraige Certificate and some pictures of them being togeather and some phone call recordings talking intimately. 2. I asked my wife and she finally opened up and agreed that she was in relationship before our marriage and that certificate was also original. But now she has changed from last 4 years and does not talk to her ex-colleague anymore. However I am still in doubt and her ex-colleague's wife is also doubtful that my wife and her husband still talk sometimes and are in touch. My Question is what is illegal and what can I do 1. Is marrying a married guy lawful? 2. Is hiding and cheating from me about her previous marriage and relationship illegal? 3. Can I file for divorce on these grounds and can I also file complaint against her ex-colleague? I feel cheated and I want both should be punished. 4. I have a child 2 years old. On whose favor the case will be strong?
Asked 1 month ago in Family Law from New Delhi, Delhi
Religion: Hindu

1) second marriage during subsistence of earlier is illegal 

 

2) you can file petition for declaration that your marriage is nullity as wife had married her lover  before she married you  

 

3) you can also file case of cheating against your wife under section 420 of IPC 

 

4) welfare of child is paramount consideration . court may not award you sole custody of your child 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1. Marrying again when the first spouse is living, amounts to Bigamy and is barred in the Hindu Marriage Act and that can be s very strong ground to opt for divorce.

2.  You can file complaint against him for adultery.

3.  Since the child is only 2 years old, the custody of child will be given to the mother and you will be granted visitation rights.

4.  You can opt for annulment of marriage if you can prove the fraud perpetuated against you.

Shashidhar S. Sastry
Advocate, Bangalore
2434 Answers
159 Consultations

5.0 on 5.0

I am going on perception that the revelations by your acquaintance about your wife have hurt you and you want a divorce from her now.

Having a relation before marriage is not adultery and can not be ground for divorce but the fact that she had married you during subsistence of her earlier marriage is surely a ground for divorce on cheating and cruelty as well. Your marriage shall not be nullity but your wife can be punished for bigamy on your complaint. You can pursue both divorce and criminal proceedings simultaneously. You can't file a complaint against the man. It is up to his wife to file a complaint against him if he had married your wife while being already married. 

Even if your wife had legally separated from him by a decree of divorce, you can still go for divorce petition on ground of hiding the same from you before getting married. 

The custody of child would depend upon the circumstances. Welfare of child is of paramount consideration. The custody of a female child of less than 5 years is usually ordered in favour of mother.

H. S. Thukral
Advocate, New Delhi
616 Answers
200 Consultations

5.0 on 5.0

Arya samaaj marriages are legally valid.

Without divorce decree second marriage is null and void.

You can file cheating case against your wife.

Based on the fact seen above, it appears that your marriage is void marriage and you can file petition for obtaining divorce based on nullity ground.

Generally the custody of minor child is given to the mother, but overall benefit of the child is the main point of consideration.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

You marriage is void. She is still married to that guy. Hiding previous marriage is cheating and without divorce second marriage is void.

And she was in intimate relation wit him even after marriage - adultery - valid ground of diovrce. And in your case, your marriage is void ab initio - never existed.

Have to apply for annulment of marriage and not divorce.

Both can be prosecuted for bigamy. Your case is strong.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

If she had married before marrying you this is her second marriage and hence is null and void. She and hwr ex colleague is guilty of bigamy.

She has committed a criminal offence and both of them can be jailed for this. File a complaint.  Also you would easily get divorce from her. 

Rahul Mishra
Advocate, Lucknow
6749 Answers
15 Consultations

5.0 on 5.0

Dear querist, 

let me answer your queries in a chronological manner. 

1. No, It is an offence. It amounts to an offence of Bigamy and you should file a criminal complaint in response to that. If proven guilty, the offender will be liable to punishment under section 494 IPC and other sections. 

2. yes, it is illegal. since it amounts to an offence of cheating also and the above mentioned offence of bigamy.

3. Yes, you can file a petition under section 12 of hindu marriage act for declaring your marriage null and void and apart from that you also have an option to get divorce under section 13(1) of the hindu marriage act on the ground of cruelty. That colleague will also be a accused for bigamy and will be behind bars if proven gulity. 

4. Since you have a child of 2 years you can consequently apply for guardianship of the child under section 6 of hindu minority and guardianship act.  If you have the arya samaj certificate and pics of marriage then the case is strong in your favour. 

 

You can contact me for filing the cases on your behalf. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

 

Yuganshu Sharma
Advocate, New Delhi
251 Answers
1 Consultation

5.0 on 5.0

1.& 2. Both your marriage and the lady's marriage is null and void if you have the document file divorce with cheating and adultery

Aveek Bose
Advocate, Kolkata
1085 Answers
7 Consultations

4.7 on 5.0

1. See since there is marriage certificate of Arya Smaj of your wife married to.him prior marrying you and if there is no legal divorce from court you can file a case of bigamy against her and annulment on ground that she is already married and no divorce.

2. If she has not disclosed her previous marriage before you, you can seek annulment on this ground.

3. You can file a complaint against her . The ex-colleague shall not be punished. 

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

1. you can file a criminal complaint against your wife under section 495 IPC,

2. you can also file for the Divorce

Suneel Moudgil
Advocate, Haryana
1711 Answers
3 Consultations

4.7 on 5.0

The adulterous life or extra marital life is not an offence as per latest amendment in the criminal law.

However if you have proof of her extra marital affairs you may file a divorce case on the grounds of adultery by making the adulterer also a necessary party to the divorce petition.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

1. Your marriage is illegal if your wife and her colleague was married before your marriage and haven't got divorced. But this is the case if both of them were unmarried at time of marriage in arya Samaj.

2. No it is not legal to marry a married person. Marriage like this is null and void.

3. Yes hiding of previous marriage is illegal if that marriage was not void. 

4. Yes you can file divorce and criminal complaint under section 494 against her ex colleague

5. Case is strong in your favour but custody will still go to mother of child. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

1. Remarriage during the subsistence of first marriage is bigamy which is punishable.

2. Your wife is liable to criminal prosecution under Section 494 IPC.

3. A petition for annulment of marriage can be filed by you on the ground that your consent to marriage has been obtained through fraud.

4. No complaint is made out against her ex-colleague. 

Ashish Davessar
Advocate, Jaipur
27730 Answers
820 Consultations

5.0 on 5.0

Dear Sir,

Two things I am assuming that by cheating you mean adultery or something of similar nature and by Indian law, I am assuming you mean various Indian laws, like Hindu or Special Marriage Act, Indian Divorce Act or Parsi Marriage Act.

Almost all laws allow a spouse to seek divorce from other spouse on the grounds of Adultery. Section 13(1)(i) of Hindu Marriage Act, Section 27(1)(a) of Special Marriage Act, 10(i) of Indian Divorce Act, 32(d) of Parsi Marriage Act provides for divorce on the grounds of Adultery. If you have sufficient proofs, you can contact a legal practitioner who would prepare a case based on your grounds and present it in the court. If your points are proved then you would be granted divorce.

Netravathi Kalaskar
Advocate, Bangalore
4722 Answers
24 Consultations

4.8 on 5.0

You can get your marriage annulled on the base of the said fact. You can also get compensation and maintenance from him. Yes it's a clear cheating

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

1) During subsistence of marriage, contacting second marriage is null and void.

2) Yes it is illegal, you can file case for cheating U/s.420 IPC.

3) Yes you can file for Annulment of marriage.

4) You can ask for child custody.

Your case will be strong, subject to showing proofs by you.

 

S Srinivasa Prasad
Advocate, Hyderabad
1392 Answers
6 Consultations

5.0 on 5.0

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